logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원 (창원) 2014.05.07 2014노49
성폭력범죄의처벌등에관한특례법위반(강간등상해)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (six years of imprisonment) is too unreasonable.

2. Determination factors are recognized as favorable sentencing factors, such as the fact that the defendant does not want the punishment of the victim under the agreement with the victim, the fact that the defendant is against the victim, the fact that the defendant was not judged as a mental disorder but has engaged in any contingent act while drunk.

However, on April 20, 200, the Defendant was sentenced to two years and six months of imprisonment due to a crime committed by the victim by citing knife and intrusion on the part of the victim's lives at the Busan High Court and taking advantage of the state of impossibility to resist and taking advantage of the victim's property into account that he committed an indecent act, and by taking advantage of the victim's property, etc. The crime of this case is committed by the Defendant by intrusion into the motherel where the victim is placed, causing an injury, causing an injury, and forcibly taking the victim's things, and the crime is very poor in quality of the crime, and the circumstances after the crime are not good.

In full view of the aforementioned factors of sentencing and the Defendant’s age, character and conduct, intelligence and environment, motive and background leading to the instant crime, the means and consequence of the instant crime, various circumstances revealed in pleadings, such as circumstances after the commission of the crime, the statutory punishment for the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, Injury by Rape, etc.) due to Similar Rape and Injury, and the sentencing guidelines of the Sentencing Committee, the sentence imposed by the lower court is deemed reasonable and unreasonable.

Therefore, Defendant’s assertion is without merit.

[Basic Grounds for Determination of Punishment of Sexual Crimes] - Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc.): A sex crime group, injury subject to 13 years of age or older, injury subject to 6 years of age or older, or a person not subject to punishment.

arrow